[Code of Federal Regulations]
[Title 10, Volume 1]
[Revised as of January 1, 2004]
From the U.S. Government Printing Office via GPO Access
[CITE: 10CFR20.1401]

[Page 334]
 
                            TITLE 10--ENERGY
 
                CHAPTER I--NUCLEAR REGULATORY COMMISSION
 
PART 20--STANDARDS FOR PROTECTION AGAINST RADIATION--Table of Contents
 
        Subpart E--Radiological Criteria for License Termination
 
Sec. 20.1401  General provisions and scope.

    Source: 62 FR 39088, July 21, 1997, unless otherwise noted.


    (a) The criteria in this subpart apply to the decommissioning of 
facilities licensed under Parts 30, 40, 50, 60, 61, 63, 70, and 72 of 
this chapter, and release of part of a facility or site for unrestricted 
use in accordance with Sec. 50.83 of this chapter, as well as other 
facilities subject to the Commission's jurisdiction under the Atomic 
Energy Act of 1954, as amended, and the Energy Reorganization Act of 
1974, as amended. For high-level and low-level waste disposal facilities 
(10 CFR Parts 60, 61, 63), the criteria apply only to ancillary surface 
facilities that support radioactive waste disposal activities. The 
criteria do not apply to uranium and thorium recovery facilities already 
subject to Appendix A to 10 CFR Part 40 or to uranium solution 
extraction facilities.
    (b) The criteria in this subpart do not apply to sites which:
    (1) Have been decommissioned prior to the effective date of the rule 
in accordance with criteria identified in the Site Decommissioning 
Management Plan (SDMP) Action Plan of April 16, 1992 (57 FR 13389);
    (2) Have previously submitted and received Commission approval on a 
license termination plan (LTP) or decommissioning plan that is 
compatible with the SDMP Action Plan criteria; or
    (3) Submit a sufficient LTP or decommissioning plan before August 
20, 1998 and such LTP or decommissioning plan is approved by the 
Commission before August 20, 1999 and in accordance with the criteria 
identified in the SDMP Action Plan, except that if an EIS is required in 
the submittal, there will be a provision for day-for-day extension.
    (c) After a site has been decommissioned and the license terminated 
in accordance with the criteria in this subpart, or after part of a 
facility or site has been released for unrestricted use in accordance 
with Sec. 50.83 of this chapter and in accordance with the criteria in 
this subpart, the Commission will require additional cleanup only, if 
based on new information, it determines that the criteria of this 
subpart were not met and residual radioactivity remaining at the site 
could result in significant threat to public health and safety.
    (d) When calculating TEDE to the average member of the critical 
group the licensee shall determine the peak annual TEDE dose expected 
within the first 1000 years after decommissioning.

[62 FR 39088, July 21, 1997, as amended at 66 FR 55789, Nov. 2, 2001; 68 
FR 19726, Apr. 22, 2003]